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Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......inally belonged to Brindaban Goshwami and the same was recorded in his name as pond; that Brindaban Goshwami was a Brahman Priest and he used to live at another village namely Handial under Chatmohar Police Station of Pabna District and possessed the same through a caretaker named Sree Badal; that i..

Category: Property Law | Date: | Hits: 66

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......e post offices. Learned counsel was found perplexed to meet the query and without giving reply to the query he wanted to divert our attention to other points. 7. Md. Mohiuddin Ahmed, (P.W.2) is an Inspector of the Bureau of Anti Corruption and he proved the documents seized in course of the inves......ther………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 2011. Result: The appeals are allowed. Lawyers Involved: Mamtaz Uddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant (In both the appeals) Nu......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

.... Corporation Employees (Service) Regulation, 1979 (Regulation, 1979) as ultra vires to the Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Air­lines Limited terminating him from service u......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......ation Employees (Service) Regulation, 1979 (Regulation, 1979) as ultra vires to the Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Air­lines Limited terminating him from service under th......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants (In all t...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants (In all the appeals). ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......is directed against the judgment and order dated 16-05-2O10 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 8044 of 2007 out of arising proceeding of Lohagara Police Station Case No.19 (4)2007 corresponding to GR No.93 of 2007 under Sections 143/342/447/385/3..

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....y him all arrears and salary since 1st July, 1999. The Rule was issued in the above terms. 3. The case of the petitioner as stated in the writ petition, inter alia, is that he was appointed as the Deputy Project Director of the project namely, গ্রামীন মহিলাদের জন......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, i......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

.... the High Court Division. After being qualified in the competitive examination, the petitioner was appointed as a PA/Stenographer vide Office Order No.83/2002 (A&C) dated 06.05.2002 issued by the Deputy Registrar-1 of the High Court Division. The petitioner's pay scale was fixed at TK. 2250-135X......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......y, Ministry of Finance, Implementation Division and others Vs. Md. Shamsul Huq, 59 DLR (AD) 54; Mujibur Rahman Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Serajul Islam Vs. the Director General of Food 42 DLR (AD) 1999, Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) 27. Lawyers Involv......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....ngshu Ranjan Pal…………………………………………….Respondents Judgment October 16, 2011. Result: The Petition is dismissed. Lawyers Involved: Ms. Sakila Rowshan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......…………………………………………….Respondents Judgment October 16, 2011. Result: The Petition is dismissed. Lawyers Involved: Ms. Sakila Rowshan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub Ali, Advocate, I......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....bey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney General, with Momtazuddin Fakir, Additional Attorney General, with Mostafa Zaman Islam, Deputy Attorney General, with Motahar Hossain Saju, Deputy Attorney General, with Mrs. Mahfuza Begum......th reference so far as it relates to the accused-respondents and acquitting them of the charge. 2. Facts relevant for the disposal of this petition are that on 3rd November, 1975 at dawn, the then Inspector General of Prisons, Nuruzzaman Howlader (P.W.3), asked Mr. Kazi Abdul Awal, D.I.G.(Prisons......……Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney General......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......vision in Criminal Revision No.368 of 2009 discharging the rule. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 20..

Category: Criminal Law | Date: | Hits: 66

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ......1, the petitioner filed the writ petition. 4. No affidavit-in-opposition was filed by the writ-respondents before the High Court Division. However, Mrs. Sathika Hossain, learned Assistant Attorney General, appeared for the writ-respondents and made verbal submissions. A Division Bench of the High...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......n 1961 by the then Government of East Pakistan. 3. The Municipal Committees were autho­rised to levy and collect Octroi by establishing Octroi posts and appointing Octroi Superinten­dent, Octroi Inspector and a number of Octroi Muharris. Accordingly Dacca Pourashava started collection of Octroi......Advocate, with Mahmudul Islam, Advocate, instructed by S.S. Huda, Advocate-on-Record - For the Appellant. A. Wadud Bhuiyan, Assistant Attorney-Ge­neral with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. K.A. Bakr, Attor......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......ludes rule, regulation, bye-law, order, instrument and notification. In this Article 4(a) the word ‘regulation’ cannot be a Martial Law Regulation because ‘regulation’ has been defined in the General Clauses Amendment Order by President's Order No.147 of 1972 which is as follows: “Regul...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....gment November 22, 1978. Result: The appeal is allowed. Lawyers Involved: MG Rabbani, Advocate, instructed by B.C. Pandey, Advocate-on-Record - For the Appellants. Moksudur Rahman, Deputy Attorney Gene­ral, instructed by B. Hossain, Advocate-on-Record - For the Respondents. Cr......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......d the other learned Advocate Mr. Shamsul Karim's conduct and as such they should be expunged from the judgment and shall not form a part thereof. 6. Mr. Moksudur Rahman the learned Deputy Attorney General appears for the State. The learned Deputy Attorney General was unable to give any reasons fo......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163...

Category: Others | Date: | Hits: 145

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......aken by the Senior Special Judge on 14-9-94 and which is now pending before the Divisional Special Judge, Dhaka. 3. Facts giving rise to these Rules may, in brief, are that Md. Ziauddin Siddiqi an Inspector of the Narcotics Control Department, Dhaka sent a letter to the Ministry of Home Affairs o......Hossain Vs. State, 17 DLR (SC) 26; AKM A Halim Vs. State, 29 DLR 219. Lawyers Involved: Dr. Rafiqur Rahman with Lutfar Rahman Mondal, Advocates - For Petitioners. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 1219 of 1995 with Criminal Misce......ister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akond investigated the matter and lodged an ejahar with Ramna Police Station on 23-9-92 under sections 468/471/420/109 of the Penal Code, stating, inter alia, tha..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....the appeal is allowed. The accused-appellant Md. Aslam, son of Noor Mohammad, 147, College Road, PS and District-Narayangonj be enlarged on bail on his furnishing bail bond to the satisfaction of the Deputy Commissioner, Narayangonj. The learned Tribunal Judge will, however, be at liberty to canc......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......gment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. Criminal Appeal No.1635 of 1997. Judgment Md. Sirajul Islam J.- Th......) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman SI of Police Narayangonj PS along with their party raided the house of accused-appellant Aslam in a 3rd fl..

Category: Criminal Law | Date: | Hits: 65

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..

Category: Property Law | Date: | Hits: 66

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....Respondent Judgment November 14, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Azizul Huq with AM Mahbub Uddin, Advocate - For the Petitioner. Momtazuddin Ahmed, Deputy Attorney-General with Bazlur Rahman Channa, Assistant Attorney-General and AM Aminuddin, Assi......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......dgment November 14, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Azizul Huq with AM Mahbub Uddin, Advocate - For the Petitioner. Momtazuddin Ahmed, Deputy Attorney-General with Bazlur Rahman Channa, Assistant Attorney-General and AM Aminuddin, Assistant Attorney-G......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...

Category: Criminal Law | Date: | Hits: 87

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

.... Aziz Mollick Vs. State,13 MLR 230; Md. Omar Ali Vs. Abdul Malek and the State,6 MLR 372. Lawyers Involved: Sarwar Ahmed with Md. Ziauddin, Advocates - For the Petitioner. Shakila Rawshan, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General - For the State Opposite......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......Vs. State,13 MLR 230; Md. Omar Ali Vs. Abdul Malek and the State,6 MLR 372. Lawyers Involved: Sarwar Ahmed with Md. Ziauddin, Advocates - For the Petitioner. Shakila Rawshan, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General - For the State Opposite Party. Crimi...... Pa. 11-2556 followed by the rejection order of the same dated 10-7-2008 passed by the learned Additional Chief Judicial Magistrate, Brahmanbaria in GR Case No.668 of 2008 arising out of Brahmanbaria Police Station Case No.30 dated 7-7-2008 under section 25B(2) of the Special Powers Act, 1974. 2...

Category: Criminal Law | Date: | Hits: 110